Bill Summary for H 807 (2023-2024)
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.Intro. by Carson Smith, Ward.
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Bill summary
House committee substitute to the 1st edition deletes the provisions of the 1st edition and replaces it with the following.
Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions) to remove permits to purchase firearms from the list of items such as firearms and permits to carry concealed firearms that a court must order a defendant to surrender when entering an order in subsection (a). Also removes permits to purchase firearms from the list of items that the court must inquire about ownership or access to when holding an ex parte or emergency hearing under subsection (b) and a 10-day hearing required by subsection (c). Removes permits to purchase firearms from the list of items that must be immediately surrendered to a sheriff upon service of an ex parte or emergency order under subsection (d). Amends subsection (i) to remove permits to purchase firearms from the list of items it is unlawful for a person subject to a protective order to possess. Amends subsection (j) to likewise remove permits to purchase firearms from the list of items which are unlawful to possess when subject to a protective order under the chapter.
Amends subsection (e) to allow a defendant to obtain any weapons surrendered under the section without a further court order if (1) the court doesn’t enter a protective order when the ex parte or emergency order expires, or (2) the protective order is denied by the court after a hearing. Requires the sheriff to run a background check on the defendant to ensure that they are not prohibited from possessing firearms before releasing the surrendered firearms.
Amends subsection (g) to allow third parties who own items surrendered to a sheriff under a protective order to file a motion for their return at any time prior to their disposal under subsection (h) (was, motion must be filed within 30 days after seizure). Amends subsection (h) to include references to third-party owners and provide a time period for filing a motion to request return before disposal.
Amends GS 132-1.4(c)(4) to remove from being public records the contents of a 911 or other emergency call where the caller is less than 18 years of age, and makes clarifying changes to the subsection.
The changes to GS 50B are effective when the act becomes law and apply to firearms, ammunition, and permits surrendered on or after that date. Beginning 60 days after the act becomes law, applies to firearms, ammunition, and permits surrendered before the date the act becomes law.
Amends the act's long title.